Loading...
HomeMy WebLinkAboutLEXIS NEXIS - 2012OCi 232012®:C??C2? ti? CzCi\?+I ?O ?® LexisNexis® N-2012-131 i'?SLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": Santa Ana City Attorney "LN": LexisNexis, a division of Reed Elsevier Inc. This Subscription Plan Amendment ("Amendment") amends and supplements the terms of the Subscription Agreement either previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment shall also serve as Subscriber's acceptance of the new General Terms & Conditions for Use of the Online Services effective September 1 , 201 O set forth at www.lexisnexis_com/terms/general. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the fast day of the final Commitment Period referenced in Section 5.1 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgroups") set forth below and the Authorized Users under the Participatin Bill roues. "Authorized User" shall have the meanin set forth in the A reement. PARTICIPATING BILLGROUP # LOCATION (CITY AND STATE 12339) Santa Ana, CA 3. CERTIFICATION Subs fiber certifies, by completing a// highlighted areas, that on the date this Amendment is signed by Subscriber there are // ?udges and attorneys, and government professionals for a total of ?L users (the "Reference Number") in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN in writing of any change in the Reference Number if the total number of judges and attorneys falls below 11. Upon the request of LN, Subscriber will recertify to the Reference Number. 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Billgroups will be provided access to and use of certain Materials, products, services and features, identified below by source/menu number (the "Preferred Pricing Materials"), available in the /exis.coms"'? service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. ND: SLGovt-Subscri lion PlanAmtl-A r20'I ? IDiL 4843-'1446-22'17 ©20? 1 LexisNexis. All ri hts reserved. PREFERRED PRICING MATERIALS SOURCE/MENU SHEPARDS NUMBER (a) California Enhanced SBOECA Full (b) All CA MB Practice Guides MBCA34 (c) MatthewBenderCA TortBcPers )n" MBCA06 (d) Full Federal US SBFFU2 Full (e) Witkin Libr ZZYWVK (? (g) (h) (i) G> (k) (1) (m) (n) (o) ? See attached Rider No. 1 for additional Preferred Pricing Materials COMMITMENT PERIODS MONTHLY COMMITMENT Beginning 05/01/2012 to 04/30/2013 $ 1224.00 Beginning to $ Beginning to $ Beginning to $ Beginning to $ Beginning to $ Beginning to $ 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then-current standard undiscounted rates in accordance with the Price Schedule= (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 5.4 Included in Subscriber's /exis.cor»® subscription, Subscriber will be granted access to the Lexis® Advance ("Lexis Advance") product offering when it becomes generally available to Subscriber's market and price plan. Upon release, the Lexis Advance offering may be designed primarily for specific types of users within Subscriber's organization whom LN may recommend as the target user group, but IDs will be progressively released throughout the organization as additional functionality and content is made available. To the extent available in Lexis Advance, Subscriber will have access to the same content in Lexis Advance as it currently has access to under this Amendment, including Subscriber's access to materials outside its subscription (e.g., if Subscriber currently has access to out-of-plan usage, Subscriber will have access to content on a transactional basis in Lexis Advance). If Subscriber has access to out-of-plan content in Lexis Advance, Subscriber agrees to pay the then-current transactional charges for such content as such charges are available to Subscriber in the Lexis Advance user interface at the time the document is accessed. Although Subscriber will be entitled to access the Lexis Advance product offering as part of its subscription, LN may also release premium functionality or enhanced content for an additional charge. Subscriber will be given the option to purchase these upgrades at its discretion. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then-current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials n? ?a 7. CLOSED OFFER The offer of LN contained herein is valid until October 22. 2012. In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. I ND: SLGOVt-Subscri ption PlanAmtl-Apr20'I f ID# 4843-1446-22'17 ©20f 1 Lexis Nexis. All rights reservetl. I 9. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of the LN Online Services through: (a) Mandatory basic training in the use of the Online Services by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 10.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the first Commitment Period on the last day of any calendar month upon at least 30 days prior written notice to LN. This Amendment may also be terminated by Subscriber on 1 O days prior written notice to LN in the event of any increase in the Monthly Commitment, excluding any increases listed in Section 5.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. 10.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 10.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 10.5 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: S TA ANA CITY ATTORNEY S SCRIBER BY: ? ? LexisNexics, a division of Reed Elsevier Inc. BY: ??? ?? NAME: Paul M. Walters TITLE: Cit DATE: ? h "Z? ? 1-? NAME: Erln PrEStOn rlcing na ys TITLE: DATE_ ? Z I THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THIS AMENDMENT BY SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. RECOMMENDED FOR APROVAL arrest. _ ? Sonia R. arvalho ? - City Attorney ,, k,?,?2°:.+Ji,?+ FMS 'I?{3 I?O1?N1 -, ,.._1 cl r.? `I. Y A. ?ti lnlt?n: Chi ??L?rney MARIA D. HUIZAR CLERK OF THE COUNCIL ND: SLGovt-Subscri lion Pla nAmd-A r20'I1 ID# 4843-'1446-22'17 ©20'11 LexisNexis. All ri hts reserved.